A. No later than January 1, 2020, the division shall develop and adopt rules governing baby changing facilities for restrooms in a place of public accommodation.

B. A place of public accommodation shall provide a baby changing facility in each restroom located in the place of public accommodation under the following circumstances:

(1) when there is construction of a new restroom; and

(2) to the extent it may be implemented in compliance with local, state and federal laws regarding access for persons with disabilities and with existing fire, health and safety standards.

C. The requirements of Subsection B of this section shall not apply to a restroom in a place of public accommodation that:

(1) is not available or accessible for public use; or

(2) contains clear and conspicuous signage indicating where a restroom with a baby changing facility is located on the same floor of such place of public accommodation.

D. All drawings, specifications and other submittal documents as to new construction of a place of public accommodation shall incorporate the requirements of this section when submitted to the appropriate authority having jurisdiction for plan review. The authority having jurisdiction shall not approve drawings and submittal documents for new construction of a place of public accommodation unless drawings, specifications and other submittal documents comply with the provisions of this section. No certificate of occupancy shall be issued for new construction of a place of public accommodation unless fully compliant with the provisions of this section.

E. This section shall not be construed to create a private right of action for failure to comply with the provisions of this section or rules adopted in accordance with this section.

F. As used in this section:

(1) "authority having jurisdiction" means the state or a municipality, county or other political subdivision that has a full-service building department employing a full-time certified building official and has permitting, inspection and enforcement authority over the general construction, electrical and mechanical-plumbing trades within its jurisdiction;

(2) "baby changing facility" means a table or other device suitable for changing the diaper of a child age three or under;

(3) "department" means the regulation and licensing department;

(4) "division" means the construction industries division of the regulation and licensing department; and

(5) "public accommodation" means:

(a) an inn, hotel, motel or other place of lodging except for an establishment that is located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as a residence;

(b) a restaurant, bar or other establishment serving food or drink;

(c) a motion picture house, theater, concert hall, stadium or other place of exhibition or entertainment;

(d) an auditorium, convention center, lecture hall or other place of public gathering;

(e) a bakery, grocery store, clothing store, shopping center or other sales or rental establishment;

(f) a laundromat, bank, barber shop, beauty shop, travel service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital or other service establishment;

(g) a terminal, depot or other station used for public transportation;

(h) a museum, library, gallery or other place of public display or collection;

(i) a park, zoo, amusement park or other place of recreation;

(j) a nursery, elementary, secondary, undergraduate or postgraduate school or other place of education;

(k) a daycare center, senior citizen center, homeless shelter, food bank, adoption agency or other social service center establishment; and

(l) a gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation.

History: Laws 2019, ch. 105, § 1.

Compiler's notes. — Laws 2019, ch. 105, § 1 was not enacted as part of the Construction Industries Licensing Act, but was compiled there for the convenience of the user.

Effective dates. — Laws 2019, ch. 105 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.